403.300 Investigation: court may order in custody proceedings -- Attorney to
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(1)In contested custody proceedings, and in other custody proceedings if a parent or the
child's custodian so requests, the court may order an investigation and report
concerning custodial arrangements for the child. The investigation and report may
be made by the friend of the court or such other agency as the court may select.
(2)In preparing his report concerning a child, the investigator may consult any person
who may have information about the child and his potential custodial arrangements.
Upon order of the court, the investigator may refer the child to professional
personnel for diagnosis. The investigator may consult with and obtain information
from medical, psychiatric, or other expert persons who have served the child in the
past without obtaining the consent of the parent or the child's custodian; but the
child's consent must be obtained if he has reached the age of 16, unless the court
finds that he lacks mental capacity to consent. If the requirements of subsection
are fulfilled, the investigator's report may be received in evidence at the hearing.
(3)The clerk shall mail the investigator's report to counsel and to any party not
represented by counsel at least 10 days prior to the hearing. The investigator shall
make available to counsel and to any party not represented by counsel the
investigator's file of underlying data, and reports, complete texts of diagnostic
reports made to the investigator pursuant to the provisions of subsection (2), and the
names and addresses of all persons whom the investigator has consulted. Any party
to the proceeding may call the investigator and any person whom he has consulted
for cross-examination. A party may not waive his right of cross-examination prior
to the hearing.